1, eff. 408 (H.B. June 18, 2003. In our commitment to open government, we invite open records requests in writing. 77 (H.B. June 18, 2005. 5, eff. September 1, 2017. 944), Sec. January 1, 2008. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. 863, Sec. ownership interest in the development, except for a tax credit . Contact us. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. . Attach the mobile home statement of ownership and location or sales contract. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 8(2), eff. September 1, 2017. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . January 1, 2008. 1201.502. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. 1460), Sec. 1079 (H.B. 1421, Sec. . (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. Sec. Acts 2007, 80th Leg., R.S., Ch. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. September 1, 2017. September 1, 2017. 2238), Sec. Added by Acts 2001, 77th Leg., ch. 85(5), eff. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205 (Statement of Ownership Form); and (B) other information required by this chapter. 863 (H.B. DECEPTIVE TRADE PRACTICES. Sec. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. 24, eff. September 1, 2017. 2438), Sec. 2019), Sec. 2, eff. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. 3361), Sec. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. 19, eff. September 1, 2013. 11, eff. Added by Acts 2001, 77th Leg., ch. 863 (H.B. To replace a Certificate of Attachment (COA) for a real property SOL, you need to send an SOL application and the original COA or an affidavit of fact which states that the COA was filed in the real property records. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. CONTINUING EDUCATION PROGRAMS. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. DISCLAIMER OF IMPLIED WARRANTY. (b) If requested, the board shall, after at least 10 days' notice, hold a hearing on any rule that it proposes to adopt, other than a rule that is to be adopted under emergency rulemaking, in which case only the requirements of Chapter 2001, Government Code, shall apply. 1201.452. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. September 1, 2017. (a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . SHORT TITLE. Acts 2009, 81st Leg., R.S., Ch. June 1, 2003. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. 1201.509. 408 (H.B. 73(a)(3), eff. 1460), Sec. Acts 2013, 83rd Leg., R.S., Ch. June 18, 2005. 1460), Sec. 1421, Sec. 14A.256(a), eff. . IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 338, Sec. window.status = msgStr; 2438), Sec. 2019), Sec. Amended by Acts 2003, 78th Leg., ch. 25, eff. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . 863 (H.B. If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at bwilliams@wilco.org. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 338, Sec. The board shall issue an order after receiving a proposal for decision. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. (23) "Related person" means a person who: (A) directly participates in management or policy decisions; and. 1201.607. June 1, 2003. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. Acts 2007, 80th Leg., R.S., Ch. If you currently own a title certificate and need an SOL, you can find helpful application instructions down below. June 18, 2005. 1284, Sec. 46 (H.B. 863 (H.B. (f) Judicial review of the order of the director assessing the penalty is subject to the substantial evidence rule and shall be instituted by filing a petition with a district court in Travis County. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. Acts 2005, 79th Leg., Ch. 1460), Sec. (3) approving a standard proposed by a local governmental unit under Section 1201.252. (B) are not used as residential dwellings when so designated. (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document. 23, eff. Acts 2011, 82nd Leg., R.S., Ch. 1201.460. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. June 18, 2003. (2) the date the act or omission is discovered or should reasonably have been discovered. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). Sec. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. Manufactured Home Property Tax Services. 1201.102. 11, eff. Sec. 45, eff. 2019), Sec. LICENSE APPLICATION. September 1, 2017. 1201.001. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. September 1, 2009. (2) all standards, rules, and regulations of the United States Department of Housing and Urban Development. Acts 2007, 80th Leg., R.S., Ch. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. Sec. 863 (H.B. The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. All Rights Reserved. 46 (H.B. Sept. 1, 2003. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. September 1, 2013. Sec. 1276, Sec. June 1, 2003. Sec. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation. 1284 (H.B. Associate Last Name. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. (d) The course of instruction must be offered at least quarterly. 1420), Sec. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. September 1, 2009. FAILURE TO PROVIDE WARRANTY SERVICE. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. 863 (H.B. 1201.110. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. Prior to your mobile home closing - Continued. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. Sec. Section 5401 et seq. Complete the appropriate information on the "Application for Statement of Ownership and Location" form, provided by the Manufactured Housing Division of the Texas Department of Housing and Community Affairs. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. 338, Sec. 8, 51, eff. 408 (H.B. 2019), Sec. January 1, 2008. 2019), Sec. 1201.252. (B) connected to a utility, including a utility providing water, electric, natural gas, propane or butane gas, or wastewater service. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. 20, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. 14A.252(a), eff. Sec. If one has a manufactured home that lacks a title, a plate with the serial or . 35, eff. 408 (H.B. Acts 2009, 81st Leg., R.S., Ch. Here's part three of Fox News Digital's list of the most bizarre and . (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. 1276, Sec. Added by Acts 2001, 77th Leg., ch. A lien, charge, or other encumbrance on a home treated as personal property may be made only by filing the appropriate document with the department. 1460), Sec. September 1, 2013. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. Added by Acts 2001, 77th Leg., ch. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. Acts 2013, 83rd Leg., R.S., Ch. (5) Subchapter E, Chapter 17, Business & Commerce Code. 2438), Sec. 4, eff. EXCEPTION FOR REAL ESTATE BROKERS AND SALESPERSONS. 22, eff. Sec. 1460), Sec. January 1, 2008. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. 1201.212. June 18, 2003. Sec. 1421, Sec. Sec. No change of ownership or location is complete until you have, both, updated the Statement of Ownership with the TDHCA and informed the Appraisal District of the changes. 338, Sec. How to Locate Mobile Home Titles in Texas. Sept. 1, 2003. June 1, 2003. Sec. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. in Communications and English from Niagara University. (3) may establish cooperative inspection training programs. (c) The renewal license expires on the second anniversary of the date the license was renewed. June 18, 2003. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. 408 (H.B. Added by Acts 2001, 77th Leg., ch. Added by Acts 2001, 77th Leg., ch. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. 1201.601. STATEMENT OF OWNERSHIP FORM. INSPECTIONS NOT LIMITED; CORRECTIONS. 1201.1505. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. approved by the secretary of housing and urban development. January 1, 2008. The form shall also conspicuously disclose the consumer's right of rescission. 1460), Sec. An incomplete application can also delay processing. June 1, 2003. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. 2019), Sec. June 1, 2003. 1201.301. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. September 28, 2011. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. 1284 (H.B. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. 1201.603. June 18, 2005. 1284 (H.B. (a) Not later than the 10th day after the date of a consumer complaint home inspection, the department shall send a written report and any order to the consumer, manufacturer, retailer, and installer by certified mail, return receipt requested. "Standards code" means the Texas Manufactured Housing Standards Code. Sept. 1, 2003. 1201.303. (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. 2019), Sec. September 1, 2009. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. 46 (H.B. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Acts 2007, 80th Leg., R.S., Ch. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home.